Ram Vijay Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14338 of 2013 ====================================================== Ram Vijay Singh, S/o Late Yashwant Singh, resident of Village- Hemja, P.S.- Maranchi, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar through its Secretary, Energy Department, Bihar, Patna.

2. Bihar State Power Holding Company Ltd., through its Chairman, Vidyut Bhawan, Bailey Road, Patna.

3. The Executive Engineer, Electrical Supply, Mokama Division, Mokama, Patna.

4. The Assistant Engineer, Electrical Supply, Mokama Division, Mokama, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Premchandra Yadav For the Respondent/s : Mr. Vinay Kirti Singh ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 08-09-2015 A counter affidavit has been filed on behalf of Power Holding Company.

In course of inspection, the officials of the Power Holding Company found that the petitioner is drawing electricity from the poles directly for running his Flour Mill. On the basis of inspection, a punitive bill of Rs. 3,63,292/- has been raised. The petitioner instead of filing objection against the provisional assessment of Rs.3,63,292/- directly moved this Court in writ jurisdiction.

In my view, the petitioner should file an objection under Section 126 of the Electricity Act before the Assessing

Patna High Court CWJC No.14338 of 2013 (2) dt.08-09-2015 2 / 2 Officer.

This writ application is disposed of with liberty to the petitioner to file objection before the Assessing Officer, who would dispose of the same in accordance with law after giving a personal hearing to the petitioner.

(Samarendra Pratap Singh, J.) Uday/- U